Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Qatar (Ratification: 1998)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption of the Anti-human Trafficking Law No. 15 of 2011. It notes that the Law defines in detail the elements constituting the crime of trafficking in persons, and establishes a penalty of seven years of imprisonment, which may be increased where the crime is committed under aggravating circumstances. The Committee also notes the Government’s indication that the Supreme Judicial Council has been asked to provide information on the court decisions regarding the crime of trafficking in persons.

The Committee would appreciate it if the Government would provide, in its next report, information on the effect given to this Law in practice, including information on the legal proceedings which have been instituted against perpetrators and indicating the penalties imposed. Please also supply copies of relevant reports, studies and other documents, including any available statistics regarding this matter.

Articles 1(1) and 2(1). Freedom of public officials to leave their service. The Committee previously noted that the Human Resources Act (No. 8 of 2009), which repealed the Civil Service Act (No. 1 of 2001), contains provisions regarding the resignation of civil servants (sections 161 and 162) similar to those of the previous Act, under which civil servants could not leave their service until their resignation had been accepted by the competent authorities; resignation was deemed to be accepted if the authority failed to decide upon its refusal or acceptance within 30 days from the date of the application. The Committee observed that under the above provisions, a request for resignation can be either accepted or refused, and therefore the service is not automatically terminated after the expiration of a notice period.

The Committee has noted the Government’s repeated indication in its reports that provisions governing resignation remain unchanged because of the nature of the civil service, and that these provisions aim at ensuring continued operation of the service. It also notes statistical data showing the number of resignations registered during the period 2003–11.

As the Committee repeatedly pointed out, referring also to the explanations contained in paragraphs 96–97 of its 2007 General Survey on the eradication of forced labour, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore reiterates its hope that the necessary measures will be taken in order to bring the legislation into conformity with the Convention, e.g. by eliminating the possibility to reject a resignation after the expiration of a notice period or by limiting provisions preventing workers from leaving their employment to emergency situations. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of sections 161 and 162 in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.